2010 Colorado Motor Vehicle Law

Resource Book

Prepared by:

Colorado Legislative Council Staff

303-866-3521

www.colorado.gov/lcs

January 2010

TABLE OF CONTENTS

I. Overview of State Agencies Enforcing/Implementing

Motor Vehicle Laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Department of Revenue, Division of Motor Vehicles.. . 1

Driver Control/Traffic Records Section. . . . . . . . . . 1

Driver License Section. . . . . . . . . . . . . . . . . . . . . . 2

Emissions Control Section. . . . . . . . . . . . . . . . . . . 2

Titles and Registrations Section. . . . . . . . . . . . . . . 2

Motor Carrier Services Section. . . . . . . . . . . . . . . . 3

Department of Transportation, Commercial Vehicles

Permits Office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Department of Public Safety, Colorado State Patrol. . . 4

Department of Regulatory Agencies, Public Utilities

Commission, Transportation Section. . . . . . . . . . . . . . . 5

Department of Public Heath and Environment, Air

Pollution Control Division, Mobile Sources Program. . 6

II. Motor Vehicle Laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Occupant Protection: Seat Belts/Child

Restraints.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Photo Radar and Photo Red Traffic Law

Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Driver Distractions. . . . . . . . . . . . . . . . . . . . . . . . . 15

Speed Limits/Speeding Fines and Point

Assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Driving Under the Influence or While Impaired

by Alcohol or Drugs. . . . . . . . . . . . . . . . . . . . . . . . 20

III. Driver Licensing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

License Application and Testing.. . . . . . . . . . . . . 23

Driver License Renewal. . . . . . . . . . . . . . . . . . . . 26

License Suspension and Revocation. . . . . . . . . . 29

Traffic Violation Point System.. . . . . . . . . . . . . . . 33

IV. Minor Driver Laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Instruction Permits. . . . . . . . . . . . . . . . . . . . . . . . 35

Restricted Driver's Licenses. . . . . . . . . . . . . . . . . 37

V. Motor Vehicle Titling and Registration. . . . . . . . . . . . . 39

Registration and Titling Process.. . . . . . . . . . . . . 39

Registration and Titling Fees. . . . . . . . . . . . . . . . 40

Specific Ownership Taxes. . . . . . . . . . . . . . . . . . 44

License Plate Types. . . . . . . . . . . . . . . . . . . . . . . 45

VI. Motor Vehicle Emissions Regulation. . . . . . . . . . . . . . 47

Rapid Screen. . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Diesel Emissions Testing. . . . . . . . . . . . . . . . . . . 48

VII. Motorcycles and Low-power Scooters. . . . . . . . . . . . . 51

Regulation of Motorcycles. . . . . . . . . . . . . . . . . . 51

Regulation of Low-power Scooters.. . . . . . . . . . . 52

VIII. Motor Carrier Regulation. . . . . . . . . . . . . . . . . . . . . . . . 55

Hours of Service. . . . . . . . . . . . . . . . . . . . . . . . . . 55

Truck Weight Limitations. . . . . . . . . . . . . . . . . . . 56

Hazardous Materials. . . . . . . . . . . . . . . . . . . . . . . 59

Chain Requirements. . . . . . . . . . . . . . . . . . . . . . . 59

1

SECTION I

OVERVIEW OF STATE AGENCIES ENFORCING AND

IMPLEMENTING MOTOR VEHICLE LAWS

The state departments that play a role in motor vehicle

regulation in Colorado are the departments of Revenue,

Transportation, Public Safety, Regulatory Agencies, and Public

Health and Environment. The departments enforce laws to ensure

the safe operation of motor vehicles in the state, register and title

motor vehicles, and license motor vehicle operators. In addition, the

departments regulate motor vehicle emissions, commercial motor

vehicle traffic, and the transportation of hazardous materials on state

roads and highways.

DEPARTMENT OF REVENUE (DOR), DIVISION OF MOTOR

VEHICLES, DIVISION OF MOTOR CARRIER SERVICES

The Division of Motor Vehicles, Department of Revenue,

administers the state's motor vehicle laws including: driver licensing,

accident reporting, record maintenance, motor vehicle emissions

inspection and repair, and titling and registration of motor vehicles.

The division also conducts investigations of vehicle and driver

documentation fraud, regulates commercial motor vehicle traffic, and

licenses commercial vehicle drivers. An overview of the functions of

each of the division's sections is provided below.

The Driver Control/Traffic Records Section maintains

the driving records of licensed Colorado drivers, including suspension

and revocation of driver's licenses, convictions for traffic violations,

and accident records. The section also investigates misconduct

and criminal activity involving motor vehicle records and related

fraud, provides assistance to law enforcement in the prevention and

detection of fraud, and administers the state's motorist insurance

database.

2

The Driver's License Section issues Colorado driver's

licenses, commercial driver's licenses, identification cards, and

instruction permits. The section also administers driver license

testing and vision screening. Colorado driver's licenses are valid for

a period of five years. Commercial driver's licenses must be renewed

every four years. The section issues licenses through 52 driver

license offices statewide and one renew-by-mail office.

Emissions Control Section. The Colorado Automobile

Inspection and Readjustment (AIR) Program is designed to reduce

motor vehicle pollution in the state. Under the AIR Program, motor

vehicles operated in the counties of Boulder, Broomfield, Denver,

Douglas, Jefferson, and parts of Adams, Arapahoe, El Paso, Larimer

and Weld counties are subject to emissions testing and requirements

for emission-related repair work. The DOR Emissions Section jointly

administers the AIR Program with the Department of Public Health

and Environment, Mobile Sources Program.

The Emissions Section administers enforcement and financial

management aspects of the AIR program. The section is responsible

for licensing of emissions inspectors and emissions testing facilities,

auditing the AIR program, investigating complaints, and collecting

revenues from the program. The Mobile Sources Program in the

Department of Public Health and Environment is responsible for

certification of the AIR program, including its testing procedures and

equipment, as well as program development and data analysis

related to the AIR program.

The Titles and Registrations Section administers the state's

motor vehicle laws relating to titling and registration of motor vehicles.

New Colorado residents and current residents who have purchased

a vehicle, must title and register their vehicle(s) with the state.

Persons seeking to register a motor vehicle in Colorado must provide

proof of insurance. A vehicle may not be registered in Colorado if the

department's motor vehicle registration file does not show that the

vehicle is covered by an insurance policy.

3

Division of Motor Vehicles

FY 2009-10 Appropriation (millions)

Total

Appropriation General Fund Cash Funds

Federal

Funds

$ 33.7 $ 1.1 $ 32.6 $ 0

100% 3.3% 96.7% 0%

The Motor Carrier Services Section performs a number of

enforcement, inspection, and fee collection functions involving

commercial vehicles and the trucking industry. The division ensures

that commercial vehicle operators and their motor vehicles are in

compliance with all relevant state and federal laws and regulations

including: compliance with weight and size limits, safety and

insurance requirements, and possession of required licenses,

registrations, and permits. The division also operates ten fixed ports

of entry and ten mobile ports in Colorado.

Division of Motor Carrier Services

FY 2009-10 Appropriation (millions)

Total

Appropriation General Fund Cash Funds

Federal

Funds

$ 8.8 $ 0.7 $ 7.3 $ 0.8

100% 8.0% 82.9% 9.1%

4

DEPARTMENT OF TRANSPORTATION (CDOT), COMMERCIAL

VEHICLE PERMITS OFFICE

The Commercial Vehicle Permits Office, Colorado

Department of Transportation, issues permits for the movement of

oversize and overweight vehicles on state highways. Rules relating

to the movement of these "extra-legal" vehicles or loads are

promulgated by the Colorado Transportation Commission. The rules

address: permissible sizes of loads and vehicles, restrictions on

routes, road conditions, times of day during which an extra-legal trip

may be made, number of trips authorized under a permit, whether a

pilot escort vehicle is required to accompany the extra-legal vehicle,

and the certification of drivers of pilot escort vehicles.

Commercial Vehicle Permits Office

FY 2009-10 Appropriation (millions)

Total

Appropriation General Fund Cash Funds

Federal

Funds

$ 0.7 $ 0 $ 0.7 $ 0

100% 0% 100% 0%

DEPARTMENT OF PUBLIC SAFETY, COLORADO STATE PATROL

The Colorado State Patrol, Department of Public Safety, is

responsible for the enforcement of state laws relating to motor

vehicles and highway safety, including laws addressing aggressive

driving, driving under the influence of alcohol and drugs, and

enforcement of seat belt and child restraint laws. The State Patrol

also assists motorists and educates the public regarding safe driving

practices.

The State Patrol's Motor Carrier Safety Section enforces

federal and state motor carrier safety regulations, including

requirements for vehicle equipment, maintenance of accurate

logbooks, compliance with hours-of-service limits, and compliance

with hazardous materials transportation laws.

5

Colorado State Patrol

FY 2009-10 Appropriation (millions)

Total

Appropriation General Fund Cash Funds

Federal

Funds

$ 112.6 $ 4.5 $ 103.8 $ 4.2

100% 4.0% 92.2% 3.7%

DEPARTMENT OF REGULATORY AGENCIES, PUBLIC UTILITIES

COMMISSION, TRANSPORTATION SECTION

The Transportation Section of the Colorado Public Utilities

Commission, Department of Regulatory Agencies (DORA), regulates

motor carriers of both passengers and property in Colorado. The

section sets motor carrier standards regarding vehicle safety and

maintenance, driver qualifications, limits on hours of service, alcohol

and drug testing, insurance coverage, and accident reporting. The

section also issues permits for towing carriers, limousines, charter

buses, and hazardous and nuclear materials transporters. The

section employs criminal investigators who investigate potential illegal

activities by motor carriers.

The Transportation Section regulates taxicab companies by:

• issuing certificates permitting a company to operate in a

specified territory;

• adopting rules regulating safety, insurance, and service

quality;

• inspecting the books of taxicab companies;

• collecting filing and registration fees; and

• exercising the right to suspend and revoke taxicab

company certificates.

6

Public Utilities Commission, Transportation Section

FY 2009-10 Appropriation (millions)

Total

Appropriation General Fund Cash Funds

Federal

Funds

$ 2.2 $ 0 $ 2.2 $ 0

100% 0% 100% 0%

DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, AIR

POLLUTION CONTROL DIVISION, MOBILE SOURCES PROGRAM

The Mobile Sources Program within the Air Pollution Control

Division, Department of Public Health and Environment, administers

programs designed to reduce motor vehicle pollution in Colorado,

including the state Automobile Inspection and Readjustment (AIR)

Program. Under the AIR Program, motor vehicles operated in the

counties of Boulder, Broomfield, Denver, Douglas, Jefferson, and

parts of Adams, Arapahoe, El Paso, Larimer and Weld counties are

subject to emissions testing and requirements for emission-related

repair work.

The AIR Program is jointly administered by the Mobile Sources

Program in the Department of Public Health and Environment, and

the Emissions Control Section in the Department of Revenue. The

Mobile Sources Program is responsible for certification of the AIR

program, including its testing procedures and equipment, as well as

program development and data analysis related to the AIR program.

The Mobile Sources Program's Rapid Screen Program allows

residents of the covered counties to forgo emissions testing

requirements for their motor vehicles when the compliance of the

vehicle with emissions standards is confirmed through tests

conducted by a roadside monitor.

7

The Mobile Sources Program also administers a Diesel

Emissions Control Program for fleets of diesel vehicles and privately

owned diesel vehicles. The Diesel Emissions Control Program

requires the inspection of diesel vehicles registered in Colorado to

ensure compliance with emissions opacity standards. Owners of

small fleets of diesel vehicles and individual owners of diesel vehicles

must have their vehicle's emissions inspected at state-licensed diesel

inspection stations. Large diesel fleets are permitted to self-inspect

their vehicles.

As noted above, the DOR Emissions Control Section

administers the enforcement and financial management aspects of

the AIR program. The section is responsible for the licensing of

emissions inspectors and emissions testing facilities, auditing the AIR

program, investigating complaints, and collecting revenues from the

program.

Mobile Sources Program

FY 2009-10 Appropriation (millions)

Total

Appropriation General Fund Cash Funds

Federal

Funds

$ 3.5 $ 0 $ 3.3 $ 0.2

100% 0% 94.3% 5.7%

9

SECTION II

MOTOR VEHICLE LAWS

Colorado law identifies and penalizes hundreds of specific

traffic infractions and other violations related to the operation of motor

vehicles in the state, including petty offenses, misdemeanors, and

felonies. Specific traffic regulations address:

• the safe operation of motor vehicles on the state's

roadways;

• the operation of motor vehicles by minors;

• driver licensing and registration;

• suspension and revocation of driving privileges;

• falsifying driver licenses and vehicle registrations;

• vehicle equipment requirements, including the use of seat

belts, child safety seats, and helmets;

• vehicle noise and emissions;

• the operation of motorcycles and scooters;

• driving under the influence or while impaired by drugs or

alcohol;

• toll evasion;

• the use of cell phones or ear phones while driving;

• requirements specific to motor carriers, school buses, and

taxicabs;

• transportation of hazardous materials;

• transportation of uncovered loads;

• rendering aid at accidents; and

• photo red and photo radar traffic law enforcement.

Areas of Colorado motor vehicle law of significant public

interest are discussed in separate sections of this Motor Vehicle Law

Resource Book, including driver licensing (Section III), motor vehicle

laws addressing minor drivers specifically (Section IV), motor vehicle

titling and registration (Section V), motor vehicle emissions (Section

VI), motorcycle and scooter laws (Section VII), and motor carrier

regulation (Section VIII).

10

This section of the Motor Law Resource Book addresses the

remaining areas of Colorado motor vehicle law of significant public

interest, specifically, seat belt and child restraint laws, photo radar

and photo red traffic law enforcement, distracted driver laws, speed

limits, and laws relating to driving under the influence of alcohol or

drugs.

OCCUPANT PROTECTION: SEAT BELTS AND CHILD RESTRAINTS

Colorado's seat belt law. Colorado law requires the driver

and every front seat passenger of a vehicle to wear seat belts

whenever the vehicle is operated on a street or highway. The

requirement does not apply if federal law does not mandate that the

vehicle be equipped with seat belts. Individuals with a physical or

psychologically disabling condition preventing the use of a seat belt

are exempted from the seat belt law. Such persons must have in

their possession a physician's written statement certifying the

condition.

Violating seat belt laws is a secondary offense in Colorado,

meaning that drivers may not be cited for failure to wear a seat belt

unless stopped by a law enforcement officer for an alleged violation

of another law. Any person operating a vehicle in violation of the seat

belt law commits a Class B traffic infraction and is subject to

a $65 fine and a $6 surcharge.

Child restraint requirements. Colorado law requires motor

vehicle operators to ensure that any children in their vehicle are

properly secured. The law includes specific requirements for the

restraint of children in motor vehicles based on the age, weight, and

height of children. Colorado law provides the following definitions of

systems that may be used to protect children in motor vehicles:

• a "child restraint system" is a seating system,

permanently attached to a motor vehicle or its safety belt

system, that is designed to protect, hold, or restrain a

child so as to prevent or minimize injury;

11

• a "child booster seat" is a seat designed to elevate a child

to properly sit in a federally approved safety belt system;

and

• a "child safety belt-positioning device" is a device that

positions a safety belt around a child in a manner that

safely restrains the child in a seated position.

Colorado law requires the use of rear-facing or forward-facing

restraint systems depending on the age and weight of the child.

Exceptions to statutory requirements for child restraint systems are

allowed for medical emergencies and commercial motor vehicle

transportation conducted by a child care center. In addition, Colorado

law requires that all child restraint systems used in the state

meet federal motor vehicle standards. Table II.1 presents child

restraint requirements by age and size of a child.

12

Table II.1: Colorado Child Restraint Requirements

Child Age/Size Statutory Requirement Citation

Less than 1 yearand weighing lessthan 20 pounds

Properly secured in a rear-facing child restraintsystem

Section 42-4-236 (2)(a) (I), C.R.S.

1 year to 4 years,and weighing 20 to40 pounds

Properly secured in aforward-facing childrestraint system

Section 42-4-236 (2)(a) (II), C.R.S.

At least 4 years, orweighing 40pounds or more

Properly secured by arestraint device or asafety belt, whichever ismore appropriate

Section 42-4-236 (2)(b), C.R.S.

4 years to 6 years,and less than 55inches tall

Properly secured in achild booster seat or witha child safety beltpositioning device

Section 42-4-236 (2)(b) (I), C.R.S.

4 to 6 years, lessthan 55 inches tall,and beingtransported in avehicle with only a2 point lap beltsystem availablefor the child

Properly secured withthe vehicle's lap belt

Section 42-4-236 (2)(b) (I.5), C.R.S.

6 years or older, or55 or more inchestall

Properly secured withthe vehicle's safety belt

Section 42-4-236 (2)(b) (II), C.R.S.

Children under 16years

Use of a safety belt orchild restraint system,whichever is applicableunder Section 42-4-236,C.R.S., must conform toall applicable federalmotor vehicle safetystandards

Section 42-4-236 (5),C.R.S.

13

Violations of child restraint requirements. Any person

operating a vehicle in violation of the child restraint law commits a

Class B traffic infraction, and is subject to a $65 fine and a $16

surcharge. With one exception, provisions of the child restraint law

are subject to primary enforcement, that is, a driver may be stopped

and ticketed if a police officer sees an unrestrained child in the

vehicle. The exception is that violations relating to booster seats and

safety belt positioning devices for children between four and six years

old are secondary offenses, meaning a driver may be cited only if he

or she has been stopped for another traffic violation.

PHOTO RADAR AND PHOTO RED TRAFFIC LAW ENFORCEMENT

Colorado law authorizes the use of automated vehicle

identification systems in state, county, and municipal traffic law

enforcement. These systems are also known as "photo radar" and

"photo red." Photo radar systems use a camera to detect vehicles

that are traveling faster than posted speed limits, while photo red

systems use cameras to detect vehicles running through red lights at

traffic signals. The cameras may be located in vans near parks,

schools, and construction zones, or mounted on traffic signal poles

at intersections.

In 1997, the General Assembly enacted legislation permitting

the use of automated vehicle identification systems in the state. In

2008, the General Assembly amended Colorado law to permit the use

of photo radar enforcement in highway construction zones. Photo

radar enforcement in these zones may only occur while actual

construction work is underway. Colorado law places a number of

restrictions on the use of photo radar and photo red enforcement

systems by state and local governments.

Penalty notifications for photo radar violations. Penalty

notifications for alleged violations detected by photo radar cannot be

issued unless an officer or a state or local government employee is

present during the operation of a photo radar system. Penalty

notifications may only be issued for alleged violations detected by

photo radar that occur within a school zone, within a residential

neighborhood in which the speed limit is 35 miles per hour or less, or

14

along a street that borders a municipal park. If the state or local

government using photo radar detects a driver exceeding the

established speed limit by less than 10 miles per hour, and it is the

driver's first violation detected by photo radar, a warning must be

mailed to the driver regarding the violation, but a penalty may not be

levied. Penalty notifications of any alleged violation detected by

either photo radar or photo red must be served within 90 days of the

alleged violation. For notices served in person, the driver may only

be charged the actual costs of service, not to exceed the amount

usually charged for civil service of process.

Fines for photo radar and photo red violations. Unless

violations occur within a school or construction zone, a maximum fine

of $40, including any surcharge, may be imposed upon a driver for:

(1) detection by photo radar of exceeding the established speed limit

by 10 or more miles per hour; or (2) second and subsequent

speeding violations detected by photo radar. If the violation detected

by photo radar occurs within a school or construction zone, the

maximum fine is doubled. A maximum fine of $75, including any

surcharge, may be imposed upon a driver for photo red violations.

Extreme speeding violations in construction zones are subject

to enhanced penalties. Violations for driving 20 to 24 miles per hour

over the speed limit in a construction zone are subject to a fine of

$540. Driving 25 or more miles per hour over the speed limit in a

construction zone is a Class 1 traffic misdemeanor offense, subject

to payment of restitution, community service, jail time, and fines.

The Department of Revenue (DOR) is not permitted to assess

points for violations detected by photo radar or photo red systems and

cannot keep records of judgments or convictions for such violations.

Convictions or judgments for the violations may not be reported to the

DOR.

Further restrictions on state and local governments in the

use of photo red and photo radar. State and local governments

are prohibited from immobilizing vehicles (e.g., installing a "boot") if

the driver fails to pay a penalty assessed for an alleged violation

detected by photo radar or photo red.

15

State and local governments are prohibited from

compensating the manufacturer or vendor of an automated vehicle

identification system based on the number of citations issued, or the

amount of revenue generated by use of the equipment.

Compensation may not include any portion of fine revenue collected

through the photo radar or photo red program. The compensation for

photo radar and photo red equipment must be based on the value of

the equipment used.

Governments using photo radar and photo red systems must

post signs alerting drivers to the use of photo radar or photo red

ahead. Temporary signs must be posted to alert drivers to the use of

photo radar systems. These signs must be posted at least 300 feet

before the area in which a photo radar is operating. Signs alerting

drivers to photo red systems must be placed in a conspicuous

location 200 to 500 feet before the device and meet statutory

requirements relating to the size of the lettering on the sign.

Finally, the owner of a car cited for an alleged traffic violation

that was detected by photo radar or photo red cannot be compelled

to disclose the identity of the driver, although the owner may be

required to submit evidence to prove he or she was not driving the car

at the time of the alleged violation.

DRIVER DISTRACTIONS

Driver distractions can result in traffic accidents and traffic

fatalities. In response to this risk, Colorado law prohibits text

messaging while driving. Colorado law also prohibits the use of cell

phones while driving by persons under 18 years of age. Exceptions

to these prohibitions are allowed in emergency situations. A person

who violates this section of law commits a Class A traffic infraction

and is subject to an initial fine of $50. Second or subsequent

offenses incur a $100 fine.

Colorado law requires that television screens in motor

vehicles be located behind the driver's seat, out of sight of the driver,

although the use of computers in motor vehicles is specifically

permitted.

16

SPEED LIMITS

Colorado law establishes speed limits for roads and highways

within the state. The Colorado Department of Transportation (CDOT)

and local authorities may change the speed limit for any road under

their respective jurisdictions if the department or local authority

determines that the speed limit established by law is greater or less

than what is reasonable or safe for road or traffic conditions. Neither

CDOT nor any local authority, however, may increase the speed limit

above 75 miles per hour (mph) on any highway. Table II.2 provides

speed limits on Colorado roadways.

Table II.2

State Speed Limits

Type of Road or Highway Speed Limit

Narrow, winding mountainhighways, or blind curves

20 miles per hour

Any business district 25 miles per hour

Any residential district 30 miles per hour

Open mountain highways 40 miles per hour

Open highways that are not a partof the interstate system and are notfour-lane freeways or expressways

55 miles per hour

Surfaced, four-lane highways thatare a part of the interstate systemor expressways

65 miles per hour

Maximum lawful speed limit on anyroadway in the state

75 miles per hour

Source: Section 42-4-1101, C.R.S.

If hazardous conditions exist on a roadway, Colorado drivers

must slow to a reasonable and prudent speed, although this may

require driving at a speed below the posted limit. Colorado law also

grants cities and towns in the state authority to adopt maximum speed

limits for their jurisdictions. CDOT and local authorities may also set

minimum speeds. Colorado law also prohibits motor vehicle

17

operators from driving at such a slow speed that they impede the

normal and reasonable forward movement of traffic, unless their slow

speed is necessary for the safe operation of the vehicle. In these

situations, the driver must drive in the right-hand lane if there is one

available on the roadway, or pull off of the roadway when possible to

allow any impeded traffic to pass.

Penalties for speeding. Traffic infractions in Colorado are

separated into two categories: Class A traffic infractions and Class B

traffic infractions. Generally, the penalty range for the commission of

Class A or Class B traffic infractions is a fine of $15 to $100, although

higher penalties are specified for certain infractions.

Misdemeanor traffic offenses in Colorado are separated into

Class 1 misdemeanor traffic offenses and Class 2 misdemeanor

traffic offenses. Persons convicted of a Class 1 misdemeanor traffic

offense are subject to a minimum sentence of 10 days in jail or a

$300 fine, or both, and a maximum sentence of one year in jail or a

$1,000 fine, or both. Persons convicted of a Class 2 misdemeanor

traffic offense are subject to a minimum sentence of 10 days in jail or

a $150 fine, or both, and a maximum sentence of 90 days in jail or a

$300 fine, or both.

Under Colorado law, a violation of driving 1 to 24 miles over

the posted speed limit is a Class A traffic infraction. A violation of

driving 25 or more miles per hour over the posted limit is a Class 2

misdemeanor traffic offense. A violation of driving 25 or more miles

per hour over the posted limit in a construction zone is a Class 1

misdemeanor traffic offense. Failure of a driver to reduce vehicle

speed to a reasonable and prudent level under hazardous conditions

is a Class A traffic infraction.

In addition to fines, surcharges are assessed for traffic

infractions. Revenues generated by these surcharges are credited

to the Crime Victim Compensation Fund and the Victims and Witness

Assistance and Law Enforcement Fund.

Statutory penalties for speeding violations that are traffic

infractions and misdemeanor traffic offenses are provided in

Table II.3.

18

Table II.3

Penalties for Speeding Violations

Violation Fine Surcharge Jail Time

1 to 4 mph over the reasonable and

prudent speed, or over the maximum

lawful speed of 75 mph

(Class A traffic infraction)

$30 $6 None

5 to 9 mph over the reasonable and

prudent speed, or over the maximum

lawful speed of 75 mph

(Class A traffic infraction)

$70 $10 None

10 to 19 mph over the reasonable and

prudent speed, or over the maximum

lawful speed of 75 mph

(Class A traffic infraction)

$135 $16 None

20 to 24 mph over the reasonable and

prudent speed, or over the maximum

lawful speed of 75 mph

(Class A traffic infraction)

$200 $32 None

25 or more mph over the reasonable

and prudent speed, or over the

maximum lawful speed of 75 mph

(a fine, or jail time, or both may be

imposed).

(Class 2 misdemeanor traffic offense)

Minimum

$150

Maximum

$300

Not

Applicable

Minimum

10 days

Maximum

90 days

25 or more mph over the reasonable

and prudent speed, or over the

maximum lawful speed of 75 mph in a

construction zone (a fine, or jail time,

or both may be imposed).

(Class 1 misdemeanor traffic offense)

Minimum

$300

Maximum

$1,000

Not

Applicable

Minimum

10 days

Maximum

1 year

Driving at a speed that is not

reasonable and prudent given road

conditions (Class A traffic infraction)

$100 $10 None

19

Table II.3

Penalties for Speeding Violations (cont.)

Violation Fine Surcharge Jail Time

Driving at such a slow speed that

the normal and reasonable

forward movement of traffic is

impeded

(Class A traffic infraction)

$50 $6 None

Exceeding a safe speed on a

bridge or elevated structure

(Class A traffic infraction)

$30 $6 None

Source: Section 42-4-1701 (4)(a)(I)(L), C.R.S.

Point suspension. Colorado law permits the "point

suspension" of licenses of drivers who have been convicted of traffic

violations and have exceeded a threshold number of points. Traffic

citations that are received by drivers may result in a certain number

of points being recorded against a driver's license. Drivers who

exceed the threshold within a certain time period are at risk of having

their licenses suspended.

State law sets forth a schedule of points that may be

assessed for specific traffic violations. The number of points

necessary for the point suspension of a license and the time frames

during which these points may be accumulated vary with the age of

the driver. See the Driver Licensing Section of this resource book for

a discussion of point suspension of driver's licenses, generally.

Table II.4 provides point assessments specifically for speeding

violations.

20

Table II.4

Points Assessed Against Driver's Licenses for Speeding

Speeding ViolationPoints

Assessed

1 to 4 mph over the reasonable and prudent speed, or overthe maximum lawful speed of 75 mph

0

5 to 9 mph over the reasonable and prudent speed, or overthe maximum lawful speed of 75 mph

1

10 to 19 mph over the reasonable and prudent speed, orover the maximum lawful speed of 75 mph

4

20 to 39 mph over the reasonable and prudent speed, orover the maximum lawful speed of 75 mph

6

40 or more mph over the reasonable and prudent speed, orover the maximum lawful speed of 75 mph

12

Driving at a speed that is not reasonable and prudent givenroad conditions

3

Source: Section 42-2-127 (5)(f), C.R.S.

DRIVING UNDER THE INFLUENCE OR WHILE IMPAIRED BY

ALCOHOL OR DRUGS

Colorado law prohibits a person from driving a vehicle while

under the influence of alcohol or drugs (DUI), or while the person's

ability to drive is impaired by alcohol or drugs (DWAI). Under the

principle of express consent, Colorado law presumes that anyone

operating a motor vehicle in the state has agreed to a test of his or

her blood, breath, saliva, or urine to determine alcohol levels when

requested to do so by a law enforcement officer who has probable

cause to believe that the driver may be impaired by alcohol. Police

officers who suspect that a driver is operating a motor vehicle under

the influence of drugs or while impaired by drugs are authorized to

compel the driver to submit to blood and urine testing for the

presence of drugs. Refusal to take the test is admissible in court, and

is a basis for driver's license suspension.

21

Penalties imposed for convictions of DUI and DWAI include

criminal penalties imposed by courts and administrative penalties

imposed by the DOR. The DOR may assess points against a driver's

license, resulting in the suspension or revocation of a license.

Criminal penalties which may be imposed include incarceration, fines,

and requirements for the performance of public service. Penalties for

persons convicted of DUI or DWAI are summarized in Table II.5.

Table II.5

DWAI and DUI Offenses and Penalties in Colorado

OffenseDriver's License

Penalties FineJail

TermPublicService

First DWAI (0.05 to 0.08percent bloodalcohol content)

Eight pointsassessed againstlicense

$200 -$500

2 to 180days

24 to 48hours

Second DWAI(0.05 to 0.08percent bloodalcohol content)

One-yearrevocation

$600 -$1,000

45 daysto 1 year

48 to 96hours

First DUI (at least 0.08percent bloodalcohol content)

Nine-monthsuspension

$600 -$1,000

5 days to 1 year

48 to 96hours

Second DUI (at least 0.08percent bloodalcohol content)

One-yearrevocation

$1,000 -$1,500

90 daysto 1 year

60 to 120hours

DWAI withPrevious DUI

One-yearrevocation

$800 -$1,200

60 daysto 1 year

52 to 104hours

DUI withPrevious DWAI

One-yearrevocation

$900 -$1,500

70 daysto 1 year

56 to 112hours

Sources: Colorado Office of Transportation Safety, Department of Transportation, andSections 42-2-125, C.R.S., 42-2-126, C.R.S., 42-2-127, C.R.S., and 42-4-1301, C.R.S.

23

SECTION III

DRIVER LICENSING

License application and testing. All persons operating a

motor vehicle, motorcycle, or low-power scooter on any public street

or highway must be at least 16 years of age and hold a valid driver's

license, or hold a valid education permit and be accompanied by an

adult as specified in state law.

The Division of Motor Vehicles (DMV) under the Department

of Revenue (DOR) administers the required physical, vision, physical

aptitude, written, and driving tests. Applicants for a driver's license,

identification card, or instruction permit must provide proof of age,

identity, and lawful presence in the United States.

Driver's licences and instruction permits. Persons operating

a motor vehicle, other than a commercial vehicle, must hold a Class

R basic driver's license or an instruction permit. Driver's licenses are

categorized by vehicle type and by age group. Vehicle type licenses

include: personal/passenger; motorcycle; and commercial. Age

group licenses include adult and minor.

All new drivers must obtain an instruction permit prior to

applying for a driver's license. Minors under the age of 18 must hold

an instruction permit for at least 12 months and be at least 16 years

of age before obtaining a driver's license. Adults 21 years of age and

older are not required to hold an instruction permit for a specified

amount of time before applying for a driver's license. Regardless of

age, any person driving with an instruction permit must be

accompanied by a person who holds a valid state driver's license, is

21 years of age or older, and has signed an affidavit of liability.

Minor driver's licenses and instruction permits. The minor

driving group includes individuals between 15 and 21 years of age.

DOR issues three types of permits to minor drivers depending on the

applicant's age and level of driving education. Additional information

on minor driving laws is found in Section IV of this resource book.

24

Identification cards. Colorado residents may be issued an

identification card, of the same size as a driver's license, bearing an

applicant's photograph and other identifying information. An

identification card can be issued once all previously issued instruction

permits, minor driver's licenses, or driver's licenses are surrendered

or cancelled. Persons applying for a state identification card must

provide proof of lawful presence, age, and identity.

Commercial motor vehicle licenses and instruction permits.

Persons must be at least 18 years of age and hold a state driver's

license to apply for a commercial driver's instruction permit or driver's

license (CDL). To apply for the instruction permit, applicants must

provide a social security number, proof of lawful presence, and proof

of identity. Applicants must also pass a state Department of

Transportation medical examination, the Commercial Driver License

Information System and National Driver Register records checks, and

the required CDL knowledge tests. Commercial driver's instruction

permits are limited to one year.

There are three classes of commercial driver's licenses

available:

• Class A for combination vehicles;

• Class B for heavy, straight vehicles; and

• Class C for small commercial vehicles.

Persons may also test to receive CDL endorsements to

operate double/triple trailers, passenger, tank vehicle, hazardous

materials, school bus, or hazardous materials/tanker combination

vehicles. Persons holding a CDL instruction permit may only operate

the class of vehicle shown on the permit when accompanied by a

person who is at least 21 years of age and who holds a valid CDL of

the same class of license or higher, with the required endorsements

for the vehicle being operated. The fee for a commercial driver's

license is set at $34.40. Table III.1 elaborates on the types of CDLs

available in Colorado.

25

Table III.1

Types of Commercial Driver's Licences

Class A Combination Vehicles

Any motor vehicle with a grossvehicle weight or combinationvehicle weight rating equal to orgreater than 26,001 pounds. MostClass A vehicles are trucks such astractor-trailer or truck and trailercombinations. Skills for operating aClass A vehicle include thoserequired for operating a Class B orClass C vehicle. Therefore, a driverholding a Class A license may alsooperate a Class B or Class Cvehicle.

Class B Heavy Straight Vehicles

Any single vehicle with a grossvehicle weight rating (GVWR) of26,001 or more pounds, or anysuch vehicle towing a vehicle with aGVWR not greater than 10,000pounds. Class B vehicles includestraight trucks and large buses. Skills for operating a Class Bvehicle include those required foroperating a Class C vehicle. Therefore, a driver holding a ClassB license may also operate a ClassC vehicle.

Class CSmall Vehicles

Any single vehicle, or combinationof vehicles, that does not meet thedefinition of Class A or Class B, butis designed to transport 16 or morepassengers, including the driver. Class C vehicles also include anyvehicle used to transport hazardousmaterials as defined by the federalhazardous material regulation.

26

DRIVER LICENSE RENEWAL

To apply for license renewal, a driver must provide a fee

payment, attest to or provide proof of physical examinations deemed

necessary, and submit payment for all outstanding penalties,

assessments, fines, and costs. There are three methods to renew a

license: in person, by mail, or electronically. Persons choosing to

renew by mail or electronically may only do so for every other renewal

period.

Renewal by mail. Applicants 21 years and older have the

option to renew a driver's license by mail. Applicants younger than

66 years of age must attest to having had an eye examination within

three years of the renewal. Applicants 66 years of age or older must

provide a signed statement from an optometrist or ophthalmologist

attesting to having had an eye examination within the past six months

and the results. If an applicant requires vision correction, he or she

must attest to any prescriptions for that purpose.

Renewal online. Applicants 21 to 66 years of age have the

option to renew a driver's license electronically. Applicants must

attest to having had an eye examination within three years of the

renewal. Any applicant who requires vision correction must attest to

any prescriptions for that purpose.

New resident. New residents may apply for a Colorado

driver's license by establishing proof of lawful presence and

surrendering their current out-of-state driver's license. New residents

renewing a driver's license are not normally required to take the

written or driving test unless there is a problem with the their physical

aptitude or vision screening test. Persons under 18 years of age

renewing a license must provide an affidavit of liability. Tables III.2

through III.5 list required documentation, restrictions, and expiration

of licenses and permits available to various age groups of Colorado

drivers.

27

Table III.2

Adult License (21 years old and older)

Expiration from Dateof Issuance

Required Affidavitsand Documentation

Requirements andRestrictions

Five years • proof of age,identity, and lawfulpresence;

• social securitynumber;

• state residenceaddress; and

• physical, vision,written, and drivingtest

• unlawful to holdboth a driver'slicense and anidentification card

Table III.3

Adult Instruction Permit (21 years old and older)

Expiration from Dateof Issuance

Required Affidavitsand Documentation

Requirements andRestrictions

Three years • proof of age,identity, and lawfulpresence;

• social securitynumber;

• state residenceaddress; and

• physical, vision,written, and drivingtest

• no requirement tohold an instructionpermit for a specificlength of timebefore applying fora driver's license;however, adultsmust purchase thepermit and pass thedriving test beforethey can apply for adriver's license

28

Table III.4

Minor Instruction Permit

(Driver Education - 15 to 15 1/2 years old)

Expirationfrom Date ofIssuance

Required Affidavits andDocumentation

Requirements andRestrictions

Three years • affidavit of liability andguardianship;

• completion of a drivereducation classroomcourse or completion ofthe classroom portion ofdepartment-approveddriver education coursewithin six months ofapplying for the permit;

• proof of age, identity,and lawful presence;

• social security number;• s t a t e r e s i d e n c e

address; and• physical, vision, written,

and driving test

• requirement to hold thepermit for at least 12months before applying fora driver's license;

• may only drive with a drivereducation instructor or withthe person(s) who signedthe affidavit of liability andguardianship until the ageof 18

29

Table III.5

Minor Instruction Permit

(Driver Awareness Permit - 15 1/2 to 16 years old)

Expirationfrom Date ofIssuance

Required Affidavits andDocumentation

Requirements andRestrictions

Three years • affidavit of liability andguardianship;

• proof of four-hour driverawareness programcompletion;

• proof of age, identity,and lawful presence;

• social security number;• state residence

address; and • physical, vision, written,

and driving test

• required to hold thepermit for at least 12months before applyingfor a driver's license;

• may drive only withperson who signed theaffidavit of liability andguardianship until theage of 18

LICENSE SUSPENSION AND REVOCATION

Table III.6 provides a list of violations under which state law

authorizes or requires the DOR to revoke a person's driving

privileges. Revocation periods are determined according to the

specific infraction resulting in the revocation.

30

Table III.6

Convictions/Violations for Which

a Driver's License or Permit is Revoked

Mandatory RevocationAdministrative Revocation/Suspension/ Cancellation

• vehicular homicide, vehicularassault, or criminally negligenthomicide while driving a motorvehicle

• driving with a blood alcoholcontent (BAC) of 0.08 or more

• driving a motor vehicle whileunder the influence of acontrolled substance or whiledriving while an habitual user ofa controlled substance

• driving while under the age of 21with a BAC between 0.02 and0.08

• any felony in which a motorvehicle was used

• refusal to take or complete, orcooperate in the completion of, atest to determine drug or alcoholcontent

• failing to stop and render aid ifparty to a traffic accidentinvolving death or personalinjuries

• driving a commercial vehicle witha BAC of 0.04 of greater, or, ifunder 21 years of age, driving acommercial motor vehicle with aBAC of 0.02 to 0.04

• perjury in the first or seconddegree or the making of a falseaffidavit or statement under oathto the DOR under any lawrelating to the ownership oroperation of a motor vehicle

• failure to report an accident tothe Division of Motor Vehiclesaccording to the FinancialResponsibility Law

31

Table III.6

Convictions/Violations for Which

a Driver's License or Permit is Revoked (cont.)

Mandatory RevocationAdministrative Revocation/Suspension/ Cancellation

• three convictions of recklessdriving of a motor vehicle for actscommitted within a two-yearperiod

• meet or exceed the minimumpoint accumulation forsuspension

• two convictions within five yearsof any combination of drivingunder the influence, drivingunder the influence per se,driving while ability impaired,driving while classified as anhabitual user, or one offense ifunder 21 years of age

• failure to provide valid evidenceof insurance when requested bya law enforcement officer

• attempting to purchase alcoholby misrepresenting one's age orpossessing alcohol whileunderage, as well as failing to complete a court-orderedalcohol evaluation, education, ortreatment program as a result ofthe violation

• failure to pay ordered childsupport

32

Table III.6

Convictions/Violations for Which

a Driver's License or Permit is Revoked (cont.)

Mandatory RevocationAdministrative Revocation/Suspension/ Cancellation

• having been found mentallyincompetent by a court ofcompetent jurisdiction, or forwhom a court has entered anorder finding that the mentalincompetency prevents theperson from safely operating amotor vehicle

• failure to report an accident orleaving the scene of an accidentwithout stopping, exchanginginformation, and rendering aid

• have knowingly and willfully leftthe scene of an accident whiledriving a commercial motorvehicle

• giving false information on adriver's license application

• failure to file or maintain proof offinancial responsibility whenrequired to do so

• failure to settle a judgment as aresult of an accident whileoperating a vehicle

• lending, misusing, altering, ordefacing a driver's license

• failure to appear forreexamination requested by theMotor Vehicle Division

• failure to pay a traffic violationfine from this or any other state

• failure to register all vehiclesowned within 30 days ofbecoming a Colorado resident

Sources: Section 42-2-125, C.R.S.,Section 42-2-126, C.R.S., and The Colorado Driver's Handbook, Colorado Department of Revenue, 2009

33

TRAFFIC VIOLATION POINT SYSTEM

Persons convicted of traffic violations may accrue points on

their traffic record. Convictions include guilty pleas, payment of

tickets, and acceptances of plea bargains. Persons accumulating a

set number of points against their driving record within a designated

time period may lose their driving privileges through a point

suspension. Table III.7 provides a summary of point thresholds

resulting in license suspension by specific driver populations.

Table III.7

Accumulated Points Resulting in License Suspension

by Driver Category

Driver Category Points Period of Point Accumulation

Adult driver, 21 yearsof age and older

12 points 1 year

18 points 2 years

Minor driver 18 to 21years of age

9 points 1 year

12 points 2 years

14 points prior to reaching 21 years of age

Minor driver under 18years of age

5 points 1 year

6 points prior to reaching 18 years of age

Chauffeur*

16 points 1 year

24 points 2 years

28 points 4 years

Source: Section 42-2-127 (1) (a), C.R.S.*Applies to a driver who holds a chauffeur's license and who accumulates violationpoints in the course of employment

35

SECTION IV

M INOR DRIVER LAWS

The U.S. Centers for Disease Control reports that motor

vehicle crashes are the leading cause of death for teenagers in the

United States, accounting for approximately one-third of all teenage

deaths. Colorado's graduated driver licensing (GDL) laws address

this risk by introducing teens to driving in stages. The GDL laws

allow teens to gain driving experience incrementally and limit their

exposure to high-risk driving situations until they have significant

experience behind the wheel. In Colorado, prospective drivers may

pursue instruction permits and restricted driver's licenses.

Summaries of the issuance of permits and licenses under Colorado's

GDL laws follow.

Instruction permits. Temporary instruction permits allow

minors to drive motor vehicles, with restrictions, when accompanied

by a parent, grandparent with a power of attorney, guardian, or foster

parent. The parent, grandparent with a power of attorney, guardian,

or foster parent of drivers under age 18 must sign an affidavit of

liability in order for a minor to receive an instruction permit. This

person must be a licensed driver, must accompany the minor driver

while he or she is driving, and must sit in the front seat with the minor

driver. If the parent or legal guardian of the minor does not have a

driver's license, he or she may appoint an alternate permit supervisor

who is over age 21 and holds a Colorado driver's license to supervise

the minor while driving. Instruction permits expire three years after

issuance.

To apply for a temporary instruction permit, a minor must fall

into one of the following categories.

• at least 16 years of age;

• at least 15 years of age or older and have completed a

department-approved driver education course within six

months prior to applying for the permit; or

36

• between 15 and one-half years of age and 16 years of

age and have completed a 4-hour prequalification driver

awareness program.

Before a teen with an instruction permit may apply for a

driver's license he or she must:

• hold the instruction permit for at least one year; and

• submit a form demonstrating that he or she completed a

minimum of 50 hours of actual driving experience, 10 of

which were completed while driving at night.

Table IV.1 summarizes the requirements for minor drivers to

obtain a driver's license.

Table IV.1

Obtaining a Driver's License

Earliest Ageto ReceivePermit* Description

Earliest Age Possible toObtain Driver's License

15 to 15½ Minor instruction permitavailable to minorsenrolled in a drivereducation course

16 years (if driver educationpermit is obtained at 15¼years, driver's license can beobtained at 16¼ years ofage)

15½ to 16 Minor instruction permitavailable to minors whocomplete a driverawareness program

16½ years (if driverawareness permit is obtainedat 15¾ years, driver's licensecan be obtained at 16¾years of age)

16 to 18 Temporary instructionpermit available to allindividuals in age group17 years (if instructionpermit is obtained at 16½years, driver's license canbe obtained at 17½ yearsof age)

*Age groups represent theearliest age individuals canparticipate in educationalprograms. Individuals olderthan the ages listed for eachcategory may also enroll.

37

Restricted driver's licenses. Upon fulfilling the requirements

for an instruction permit, a minor driver may apply for a restricted

driver's license. The only driver's license that a driver under age 18

may hold is a restricted license. The following restrictions are

applicable to minor drivers.

• Minor drivers may not drive a vehicle with a passenger

under age 21 who is not a member of the driver's

immediate family until the driver has held his or her

license for at least 6 months, or 12 months to drive with

two or more passengers under the age of 21. Exceptions

are made if a parent is in the vehicle, the passengers are

all family members, or if an emergency dictates.

• Minor drivers may not drive between 12:00 a.m. and

5:00 a.m. until having held a license for at least 12

months. Exceptions are made for emergencies, if an

adult or parent is in the vehicle, or if driving to school,

school-related activity, or on account of employment.

• No driver under age 18 may use any mobile device for the

purpose of phone calls, "text-messaging," or any other

activity requiring the use of a such a device.

• No driver under age 18 may drive a motor vehicle used to

transport explosives or inflammable material.

• No driver under age 18 may operate a motor vehicle used

as a school bus to transport pupils to or from school.

• No driver under age 18 may operate a motor vehicle used

as a commercial, private, or common carrier of persons or

property unless he or she has relevant experience and

has been examined for competence.

• No driver under age 21 may drive a commercial motor

vehicle, with certain exceptions.

Seat belt requirements. Unless specifically exempted, state

law requires that every driver and front seat passenger fasten his or

her seat belt while the motor vehicle is in operation. Violations are

punishable as a class B traffic infraction. Minor drivers in violation

incur a traffic infraction and, upon conviction, may be assessed

penalties according to the schedule summarized in Table IV.2.

38

Table IV.2

Penalties for Violation of Minor Driver Seat Belt Laws

Violation FineCommunity

Service Hours

LicenseSuspension

Points

1st offense Up to $65 8 to 24 2

2nd offense Up to $130 16 to 40 2

Subsequent Offense $195 16 to 40 2

39

SECTION V

MOTOR VEHICLE TITLING AND REGISTRATION

In Colorado, motor vehicles are registered and titled through

the county clerk's office in the motor vehicle owner's county of

residence.

Registration and titling process. Persons who have

recently moved to the state must apply for a Colorado title and

registration within 30 days of establishing Colorado residency.

Applicants must provide:

• proof of insurance coverage for the vehicle;

• their name and address;

• the out-of-state title or registration;

• proof of a Colorado vehicle emissions test (if the owner

lives within the emissions program area);

• a vehicle identification number (VIN) verification form

completed by a law enforcement officer, a licensed motor

vehicle dealer, or an emissions testing station;

• a current odometer reading;

• vehicle weight confirmation for motor homes and trucks

over 4,500 pounds; and

• the name and address of any lien holders on the vehicle.

Coloradans who have purchased a new vehicle must also

provide the current title from the dealer, a VIN identification form if the

vehicle was titled in another state, a bill of sale for sales tax purposes,

and the security agreement if a lien is to be recorded on the vehicle,

including the year, make, VIN, and the lien holder's name and

address. Persons who have purchased a vehicle also have the

option of using the ownership tax receipt or registration from another

vehicle that they have owned to transfer plates to a vehicle of the

same type.

40

Registration and titling fees. Persons registering or titling

a vehicle in Colorado pay registration fees, specific ownership taxes,

and title fees. Motor vehicle registration fees are based on the empty

weight of the vehicle and the vehicle's type. For passenger cars

under 2,000 pounds, registration fees begin at $6.00 and increase by

$0.20 for each additional 100 pounds up to 4,500 pounds, and by

$0.60 for each additional 100 pounds thereafter. The amount of

specific ownership tax due is based on the taxable value and age of

the vehicle. A number of other fees are assessed at the time of

vehicle registration. Table V.1 provides a summary of the fees and

their use.

Table V.1

Colorado Motor Vehicle Fees Assessed at Registration

MotorVehicle Fee Fee Amount Use

RegistrationFee

• $6.00 for passengervehicles up to 2,000pounds, plus $0.20 extraper 100 pounds up to4,500 pounds; and

• $12.50 for passengervehicles 4,500 pounds ormore, plus $0.60 eachadditional 100 pounds.

This fee is credited tothe Highway Users TaxFund (Section 42-3-306 (2)(b), C.R.S.).

Road SafetySurcharge

• $16.00 for motorcyclesand vehicles weighing2,000 pounds or less;

• $23.00 for vehiclesweighing 2,001 to 5,000pounds;

• $28.00 for vehiclesweighing 5,001 to 10,000pounds;

• $37.00 for passengerbuses and vehiclesweighing 10,001 to 16,000pounds; and

• $39.00 for vehiclesweighing more than16,000 pounds.

This fee is credited tothe Highway Users TaxFund (Section 43-4-804(1), C.R.S.).

41

Table V.1

Colorado Motor Vehicle Fees Assessed at Registration (cont.)

MotorVehicle Fee Fee Amount Use

Bridge SafetySurcharge

• $6.50 for motorcycles,trailer coaches,multipurpose trailers,and vehicles weighing2,000 pounds or less;

• $9.00 for vehiclesweighing 2,001 to5,000 pounds;

• $11.50 for vehiclesweighing 5,001 to10,000 pounds;

• $14.50 for vehiclesweighing 10,001 to16,000 pounds; and

• $16.00 for vehiclesweighing more than16,000 pounds.

This fee is credited to theBridge Special Fund(Section 43-4-805 (3) (a),C.R.S.). The bridge safetysurcharge has scheduledfee increases set forsubsequent fiscal years.

PublicHighwayAuthority Fee

$10.0 This fee is collectedannually for vehiclesregistered within publichighway authorityboundaries (Section43-4-506 (1)(k), C.R.S). The fee is applied to thefinancing, construction,operation, or maintenanceof public highways.

42

Table V.1

Colorado Motor Vehicle Fees Assessed at Registration (cont.)

Motor VehicleFee Fee Amount Use

EmissionsControl Fees

• $2.20 These fees are assessed atregistration in theAutomobile Inspection andReadjustment (AIR)Program area and creditedto the AIR account(Section 42-3-304 (18)(a)and (18)(b), C.R.S.).

The fees are used foremissions programenforcement efforts andadministration of theprogram by the Departmentof Public Health andEnvironment and theDepartment of Revenue.

AdditionalHighway Fee(based on theage of thevehicle)

• $12.00 for vehicles under 7years old;

• $10.00 for vehiclesbetween 7 and 10years old; and

• $7.00 for vehicles11 years old andolder

All fees are credited to theHighway Users Tax Fund(Section 42-3-306 (2)(b)(II),C.R.S.).

EmergencyMedicalServices Fee

• $2.00 This fee is credited to theEmergency MedicalServices Account in theHighway Users Tax Fund(Section 42-3-304 (21),C.R.S.).

MotoristInsuranceIdentificationFee

• $0.50 This fee is credited to theMotorist InsuranceIdentification account in theHighway Users Tax Fund(Section 42-3-304 (18)(d)(I),C.R.S.).

43

Table V.1

Colorado Motor Vehicle Fees Assesses at Registration (cont.)

Motor VehicleFee Fee Amount Use

MotorcycleSurcharge Fee

• $4.00 This fee is collected for allmotorcycle registrations andcredited to the MotorcycleOperator Safety Training Fund (Section 42-3-304(4),C.R.S.).

Diesel Fee • $10.00 This fee is collected for allqualified diesel vehiclesregistering within the AIRprogram area and credited to the AIR account (Section 42-3-304 (20), C.R.S).

Peace OfficersStandards andTraining(P.O.S.T.)Board Fee

• $0.60 This fee is collected atregistration on Class A, B, andC vehicles to support thetraining activities of theP.O.S.T. Board (Section 42-3-304 (24), C.R.S)

Road andBridge Fees

• $1.50 This fee is collected for the formaintenance of highways,roads, and bridges (Section42-3-310, C.R.S.)

Source: Article 3 of Title 42, C.R.S.

44

Certain persons receive exemptions from registration fees,

including: disabled veterans, former prisoners of war or their surviving

spouses, recipients of certain military honors, of foreign government

consuls, and governmental entities.

Specific ownership taxes. Colorado law requires the

payment of specific ownership taxes on motor vehicles in lieu of

personal property taxes. The specific ownership tax portion of the

motor vehicle registration cost is based on a percentage of the

original manufacturer's suggested retail price (MSRP) of the vehicle

(85 percent of MSRP for passenger vehicles and motorcycles,

and 75 percent of MSRP for trucks and trailers.) Ownership tax

receipts are distributed to various taxing entities in accordance with

the mill levies that have been established in the county in which the

owner resides.

In calculating the amount of specific ownership tax due on a

vehicle, the taxable value remains constant. However, the specific

ownership tax rate that is assessed on the taxable value of the

vehicle diminishes over time as indicated in Table V.2.

Table V.2

Colorado Motor Vehicle Specific Ownership Tax Rate

Year of Motor Ownership Specific Ownership Tax Rate

1st year of vehicle ownership 2.1 percent of vehicle taxable value

2nd year of vehicle ownership 1.5 percent of vehicle taxable value

3rd year of vehicle ownership 1.2 percent of vehicle taxable value

4th year of vehicle ownership 0.9 percent of vehicle taxable value

5th through 9th years of vehicleownership

Greater of 0.45 percent of vehicletaxable value or $10.00

10 or more years of vehicleownership

$3.00

Source: Section 42-3-107 (2), C.R.S.

45

Additional fees and taxes. Colorado motor vehicle titles are

proof of ownership of a motor vehicle in the state and are necessary

for the transfer of ownership of vehicles. In addition to registration

fees and taxes, a person who has purchased a new vehicle must pay

a title fee of $7.20. A title fee of $7.20 is also collected when title is

transferred to another vehicle.

The cost of obtaining a set of license plates for a motor vehicle

in Colorado varies by plate type. In addition, if sales tax is not

collected at a dealership upon purchase of a new vehicle, it must be

collected at the time of registration. The state sales tax is

2.9 percent; however, localities may also impose a local sales tax.

Types of license plates. The Colorado Division of Motor

Vehicles, in the DOR, currently offers over 100 license plate types.

These license plates include:

• regular (standard green and white) plates (6 types);

• designer plates, issued for an additional fee (2 types);

• alumni plates, issued for an additional fee (11 types);

• group special plates, issued to motor vehicle owners

based on a common interest or affinity for an additional

fee of $50 (18 types);

• military plates (29 types); and

• other varieties of plates including: collector vehicle plates,

trailer plates, plates for the Colorado State Patrol, state

legislators, and members of Congress, commercial

vehicle and motor vehicle dealer plates, farm and

government vehicle plates, motor vehicle manufacturer

plates, neighborhood electric vehicle plates, and plates

for special mobile machinery.

At registration, a motor vehicle owner receives two license

plates and two validating tabs. The validating tabs indicate the month

and year of expiration and are affixed to the lower left and lower right

corners of the rear license plate respectively. License plates must be

renewed within 30 days of their date of expiration. Motor vehicle

owners must notify their county motor vehicle office of changes in

their name or address within 30 days of the change.

47

SECTION VI

MOTOR VEHICLE EMISSIONS REGULATION

Colorado's motor vehicle emissions programs are designed to

meet the requirements of the federal Clean Air Act and the Clean Air

Act Amendments of 1990. Motor vehicles operated in the counties of

Boulder, Broomfield, Denver, Douglas, Jefferson, and parts of

Adams, Arapahoe, El Paso, Larimer, and Weld counties are subject

to emissions testing.

Emissions testing of gasoline-powered vehicles. Owners

of gasoline-powered motor vehicles more than three model years old

are subject to emissions testing in the program area. Vehicle owners

have two choices to meet emission testing requirements. Owners

may take their vehicle to a standard testing facility, or they may drive

past a remote sensing vehicle, also known as RapidScreen. Rapid

Screen testing is used to identify vehicles that will be exempted from

the emissions testing requirement for a particular year. The Rapid

Screen test uses remote sensing equipment to measure a vehicle's

exhaust emissions as it is operated on a public roadway. Remote

sensing vans are set up at strategic locations throughout the

Denver metropolitan area and locations change weekly to reach

as many drivers as possible. Remote sensing vehicle locations are

updated weekly on Air Care Colorado's website:

http://www.aircarecolorado.com/ rapidscreen/locations.html

Vehicle owners who drive past a Rapid Screen remote sensing

vehicle must record two clean readings within a ten-month period in

the year prior to their registration renewal to become exempt from

further emissions testing requirements for that year. These vehicle

owners are notified concerning the requirement for a standard

emissions test when they receive their vehicle registration renewal

card. Owners of vehicles that have passed two RapidScreen

readings pay the emissions and registration fee at the time of the

vehicle's registration renewal.

48

Vehicles requiring an emissions test. Owners of gasoline

powered vehicles that have not passed the Rapid Screen tests are

subject to normal emissions testing at a Colorado emissions testing

center. Emission tests for vehicles model year 1982 and newer are

valid for two years, tests for vehicles model year 1981 and older are

valid for one year. Testing costs vary from $15 to $25 depending on

vehicle age and type. The following vehicles require an emissions

test:

• vehicles registered in the emissions program area;

• vehicles registered outside the emissions area, but used

for commuting to the emissions area for employment or to

attend school;

• vehicles changing ownership in the program area; and

• vehicle registration renewals requiring an emissions test

as a condition of renewal in the program area.

Exempt gasoline-powered motor vehicles. New

gasoline-powered motor vehicles are exempted from emissions

testing for four model years. Electric-powered vehicles and vehicles

registered and plated as horseless carriages, street rods, or farm

vehicles are also exempted from the emissions testing requirement.

Diesel-powered motor vehicle requirements. The state

administers two diesel emissions inspection programs to control

diesel exhaust smoke — one for fleets of heavy-duty diesel vehicles,

and another program for privately-owned diesels and small diesel

fleets. Fleets of nine or more heavy-duty (more than 14,000 pounds)

diesel vehicles may participate in the Diesel Fleet Self-Certification

Program. Participants in the program must use inspectors certified

by the Colorado Department of Public Health and Environment

(CDPHE), use specified testing equipment, and submit to annual

CDPHE audits.

Owners of private diesel vehicles (and heavy-duty vehicles not

self-certifying) participate in a Diesel Opacity Inspection Program.

Under the program, eligible vehicles are subject to annual inspection

at private, state-licensed stations. New light-duty diesels are

exempted from inspection for a four-year period.

49

Thirty-five diesel inspection stations currently operate in the

program area. Inspection fees vary among the stations for light-duty

and heavy-duty diesels. Heavy-duty diesel vehicles over ten years

old are inspected annually. Heavy-duty diesels ten years old or

newer are inspected every two years. Light-duty diesels of model

year 2003 or older are inspected annually. Light-duty diesels of

model year 2004 or newer are inspected every two years. The

original owner of a new diesel vehicle is exempt from testing the

vehicle for four years.

51

SECTION VII

MOTORCYCLES AND LOW-POWER SCOOTERS

Regulation of Motorcycles

Colorado law defines a "motorcycle" as every motor vehicle

designed to travel on not more than three wheels in contact with the

ground, excluding farm tractors and low-power scooters. Colorado

law requires motorcycle operators to obtain an "M" endorsement to

their driver's license. The state does not issue "motorcycle only"

licenses. To obtain a motorcycle endorsement, a person must pass

a written test, purchase an instruction permit, and pass a driving test

at a driver's license office, or with a third-party tester. The Colorado

Department of Transportation maintains a list of organizations

providing motorcycle operator safety training on its website under

"traffic safety."

Applicants for a motorcycle operator's endorsement must

demonstrate their ability to exercise ordinary and reasonable care

and control over a motorcycle. A separate license endorsement "3"

is available for persons seeking to operate a three-wheeled

motorcycle. As with other motor vehicles, motorcycle operators must

meet motor vehicle registration and insurance requirements;

however, motorcycles are exempt from emissions testing

requirements. Personalized and group special license plates are

available for motorcycle owners for an additional fee.

Operation of motorcycles. In Colorado, persons under

18 years of age may not operate or ride as a passenger on a

motorcycle unless they are wearing a helmet. Motorcycle operators

must wear goggles or eyeglasses while operating on public highways

in the state. Under state law, motorcycles may not pass a vehicle in

the same lane as the vehicle that is being overtaken, nor may a

motorcycle be operated between lanes of traffic or rows of vehicles.

Motorcycle operators may not ride more than two abreast in a single

lane.

52

Regulation of motorcycle noise. Colorado law prohibits the

sale of any new motorcycle that produces noise exceeding 88

decibels (db) at a distance of 50 feet from a center lane of

travel (for motorcycles manufactured after July 1, 1971, and before

January 1, 1973) and 86 db (for motorcycles manufactured after

January 1, 1973). Colorado counties and municipalities may also

adopt ordinances prohibiting the operation of motorcycles within their

jurisdictions that produce noise in excess of 86 db at speeds under

35 miles per hour, and 90 db at speeds of 35 to 55 miles per hour.

Dirt bike registration. Dirt bikes that are operated on public

lands or trails in Colorado must be registered with the Colorado

Division of Parks and Outdoor Recreation, Department of Natural

Resources. Also, an off-highway vehicle permit must be purchased.

Persons may not operate a dirt bike or have a dirt bike in their

possession at a staging area (for example, a parking lot or trail head)

unless the dirt bike has been registered with the division. Persons

found to be in violation of the registration requirement are guilty of a

class 2 petty offense and subject to a fine of $50. The current fee for

registering a dirt bike with the division is $25.25. The division mails

registration renewal cards to registered owners each March.

Non-Colorado residents seeking to operate a dirt bike (or other

off-highway vehicle) in the state must purchase a non-resident

off-highway vehicle permit.

Regulation of Low-power Scooters

Colorado law defines a "low-power scooter" as a

self-propelled vehicle designed primarily for use on the roadways with

not more than three wheels in contact with the ground, no manual

clutch, and a cylinder capacity under 50 cubic centimeters if powered

by internal combustion, or a wattage under 4,476 watts if

electric-powered.

Operators of low-power scooters in Colorado must have a

driver's license. Low-power scooters must be registered with the

state and the registration must be evidenced by a number decal fixed

to the scooter's frame. Low-power scooter registrations are valid for

a three-year period. A low-power scooter may not be registered

53

unless the owner has a motor vehicle insurance policy in effect

or a certificate of self-insurance (effective July 1, 2010).

Operation of low-power scooters. Low-power scooters may

not be operated on an interstate in Colorado, except where bicycles

are permitted, nor can they be operated on limited-access roads of

the state highway system. Persons under 18 years of age may not

operate or ride as a passenger on a low-power scooter unless they

are wearing a helmet in accordance with Colorado law. Persons

operating a low-power scooter on public highways in the state must

wear goggles or eyeglasses, unless they are wearing a helmet with

eye protection. Local authorities in Colorado may also regulate

low-power scooters operated on streets and highways under their

jurisdiction.

Colorado law sets forth penalties for speeding specific to

low-power scooters. Table VII.1 presents fines and point penalties

assessed for various speeding violations while operating a low-power

scooter.

Table VII.1

Penalties for Speeding on a Low-power Scooter

Speeding Violation Fine SurchargePoints

Assessed

1 to 4 mph over themaximum lawful speed limitof 40 mph

$50 $6 0

5 to 9 mph over themaximum lawful speed limitof 40 mph

$75 $10 2

Greater than 9 mph over themaximum lawful speed limitof 40 mph

$100 $16 4

Source: Section 42-2-127 (5)(f), C.R.S. and Section 42-4-1701 (4)(a)(I)(L), C.R.S.

55

SECTION VIII

MOTOR CARRIER REGULATION

This section of the Motor Vehicle Law Resource Book

addresses the regulation of commercial motor carriers. Specifically,

the section provides information on commercial motor vehicle driver

hours of service, vehicle size and weight limitations, transportation of

hazardous materials, and chain-up laws.

Under Colorado law, a commercial vehicle is defined as a

vehicle used in commerce and weighing at least 10,000 pounds that

is self-propelled, towed, or designed to transport 16 or more

passengers. Vehicles that are used for the commercial transportation

of other motor vehicles or for hazardous materials transportation are

included with the definition of a "commercial vehicle." School buses

are excluded from the definition. Section III of this resource book

describes requirements for operators of commercial vehicles to

possess commercial vehicle driver's licences.

Hours of service. Federal regulations govern the maximum

number of hours that a driver of a commercial motor vehicle

may be "on-duty." These rules limit commercial drivers to working a

maximum of 14 hours within any 24-hour period. Further, commercial

motor carrier drivers:

• may only drive up to 11 hours of the 14-hour "on-duty"

period;

• must take 10 consecutive hours of off-duty time after

driving 11 hours;

• may not extend the 14-hour on-duty window with off-duty

time, meals, or fuel stops; and

• may not be on-duty more than 60 hours in 7 consecutive

days or 70 hours in 8 consecutive days.

A sleeper berth is a sleeping compartment typically accessible

from the driver's seat in a commercial vehicle. In order to comply with

hours of service restrictions, a driver using a sleeper berth must

56

spend at least eight consecutive hours in the berth, and two more

hours either in the berth or off duty.

Hours of service violations penalties. Potential penalties for

drivers who violate the federal hours of service rules include:

• being placed "out-of-service" until the driver meets

off-duty time requirements;

• fines by federal, state, or local enforcement officials;

• a downgrade of the motor carrier's safety rating; or

• federal criminal penalties against carriers or drivers

knowingly and willfully violating hours of service

regulations.

Weight limitations. The state and federal government have

established vehicle weight limits on vehicles operating on state and

interstate highways. A commercial vehicle's gross combined vehicle

weight rating (GCWR) is the maximum permissible loaded weight for

a towing vehicle and its trailer. This includes the vehicle's fuel,

passengers, and cargo. Trucks and truck/trailer combinations with an

empty weight exceeding 16,000 pounds and any vehicle with a

GCWR exceeding 26,000 pounds must receive clearance through the

state's ports of entry. Vehicles exceeding these weight thresholds

must also clear all ports of entry that are within five miles of the route

on which they are traveling, unless the operator has previously

secured a clearance or obtained a special permit. The state

Department of Transportation issues "extra-legal" permits for

exceptions to size and weight limitations. Motorists in violation of size

or weight limitations are subject to fines and surcharges.

The National Highway System (NHS) is approximately 160,000

miles of roadway including the interstate, principal arterials, the

strategic highway network, and intermodal connectors. Table VIII.1

provides information on federal and state size and weight limits for

motor vehicles operating on state highways and on the NHS within

Colorado.

Additional permits and insurance. The Ports of Entry (POE)

Section within the Department of Revenue issues permits relating to

the safe operation of commercial motor vehicles on the state's

57

highways. Costs for the permits vary by the weight, size, and number

of trips taken by the vehicle.

The POE issues permits for:

• commercial vehicles not registered in Colorado;

• special trips by vehicles that exceed the state's size and

weight requirements;

• farm-plated vehicles during annual harvests; and

• special fuel vehicles.

58

Table VIII.1

Federal and State Motor Vehicle Size and Weight Limits

Federal Regulations State Law

Overall Vehicle

Length

No federal length limit is imposed on most

truck tractor-semitrailers operating on the

National Highway System (NHS). However,

on the NHS, combination vehicles designed

and used specifically to carry automobiles or

boats in specially designed racks may not

exceed a maximum overall vehicle length of

65 feet, or 75 feet, depending on the type of

connection between the tractor and trailer.

45-foot

maximum

overall single

vehicle length

70-foot

combination

length on all

roads

Trailer Length Federal law provides that no state can

impose a length limitation of less than 48

feet (or longer if provided for by grandfather

rights) on a semitrailer operating in any

truck tractor-semitrailer combination on the

NHS. A state may permit longer trailers to

operate on its national network highways.

Similarly, federal law provides that no state

can impose a length limitation of less than

28 feet on a semitrailer or trailer operating in

a truck trac tor - semitrai le r- trai le r

combination on the NHS.

57.3 foot

semitrailer on

state,

supplemental,

and NHS

highways

28.5 foot trailer

length on state,

supplemental,

and NHS

highways

Vehicle Width On the NHS, states are restricted to

vehicle width limitations of 8.5 feet.

8.5 feet

Vehicle Height No federal vehicle height limit is imposed. 13 feet on state

highways; 14.5

feet on NHS

highways

Single Vehicle

Weight w/ Two

Axles

36,000 pounds 36,000 pounds

Single Vehicle

Weight w/

Three or More

Axles

54,000 pounds 54,000 pounds

Truck/Trailer or

Combination of

Vehicles

80,000 pounds 85,000 pounds

Sources: Sections 42-4-502, C.R.S. through 42-4-509, C.R.S., and 49 USC 31111, 49USC 31113, and 23 USC 127.

59

Hazardous materials. Commercial carriers transporting

hazardous materials in Colorado must obtain permits from the

Colorado Public Utilities Commission. Permitting and safety

requirements for the transportation of such materials are enforced by

the Colorado State Patrol. Vehicles carrying hazardous materials are

subject to inspection by the Colorado State Patrol, must provide proof

of liability insurance, may be taken out of service for violations, and

are subject to fines and criminal penalties. The State Patrol approves

hazardous materials route designations in Colorado. Single-trip

permits for hazardous materials transportation (for up to a 72-hour

period) may be obtained from a port of entry, or from the State Patrol.

Additional permitting and fee requirements apply to permits for the

transportation of radioactive materials. Certain radioactive materials

are excluded from these permitting requirements including radioactive

materials used for research or medical purposes, radioactive ores,

and radioactive materials used in national security activities.

Mud flap laws. Colorado laws requires the use of "splash

guards," also referred to as mud flaps, to minimize the spray of water

and other road substances. This requirement is applicable to large

trucks operating on Colorado highways. Flaps must be installed and

functioning at all times. Torn or damaged flaps must be replaced at

the first reasonable and safe opportunity to exit the road.

Chain requirements. Colorado law authorizes the Colorado

Department of Transportation (CDOT) to require the use of tire chains

when dangerous driving conditions exist. Requirements for the use

of tire chains are enforced by the Colorado State Patrol. Commercial

vehicles operating on I-70 between Edwards and Morrison from

September 1 to May 31 are required to carry chains sufficient to

comply with the chain law in case restrictions are put in place. The

State Patrol enforces two levels of the chain law:

• Chain Law Level 1: all single-drive axle combination

commercial vehicles must chain all four drive wheels. All

other commercial vehicles must have snow tires or

chains. Level 1 may be implemented any time there is

snow covering any part of the traveled portion of

pavement on an ascending grade.

60

• Chain Law Level 2: all commercial vehicles must chain

up. Single-drive axle and tandem-drive axle combination

commercial vehicles must chain four drive wheels; auto

transports must comply to the extent possible without

causing damage to hydraulic lines; and buses must chain

two drive wheels to comply. The Level 2 chain law may

be implemented any time there is snow covering the

entire traveled portion of pavement on an ascending

grade, or when driving conditions dictate that this level is

necessary for safety and to minimize road closures.

Fines. The fine for not carrying chains on I-70 from September

1 through May 31 is $50 plus a $17 surcharge. The fine for not

chaining up when the chain law is in effect is $500, plus a $157

surcharge. The fine for not chaining up and subsequently blocking a

highway is $1,000, plus a $313 surcharge. Tow truck drivers towing

a vehicle or traveling to a site to tow a vehicle are exempt.

When the chain law is in effect, motorists will be notified

through:

• electronic message boards;

• 511 traveler information;

• the website, www.cotrip.org; and

• media outlets.